How easy is it to get divorced in California? Not as easy as you might think. As an experienced divorce attorney in the Inland Empire, working in San Bernardino County, Riverside County, Los Angeles County, and Orange County, I answer a lot of questions regarding “how to get a divorce.” Most people I talk with are shocked to learn that there are several steps to be completed before their divorce can be finalized. These individuals often believe step one, which is filing the Petition for Dissolution, is all that is required. Unfortunately, that is not the case. They are often also surprised to learn that each case takes a different path, depending on the parties and the issues in the case.
As an experienced family law attorney in the Inland Empire, practicing in San Bernardino County, Riverside County, Orange County, and Los Angeles County, I would advise any person considering divorce to speak to an attorney. The divorce process is different for every person, but a conversation with a divorce attorney at the beginning of the process can help educate you and, hopefully, help make the process less intimidating and less difficult. I have helped litigants at every stage – before marriage with premarital agreements, during marriage with post-nuptial agreements, during separation with mediation, and after separation with legal separation and divorce. From the hundreds of people I have helped, I know that having an understanding of the what, why, when, and how of divorce gives people confidence and ultimately results in a better outcome for that person.
California Family Code section 4062 states, “(a) The court shall order the following as additional child support: (1) Child care costs related to employment or to reasonably necessary education or training for employment skills. (2) The reasonable uninsured health care costs for the children as provided in Section 4063.
There are three types of marital actions in California: dissolution (regular or summary), legal separation and nullity.
In California, dissolution is granted on only two grounds: (1) irreconcilable differences or (2) incurable insanity. Cal. Fam. Code § 2310. Court are generally very liberal in the interpretation of whether or not there are irreconcilable differences in a marriage; however, if there is a reasonable possibility of reconciliation, the court must continue the proceeding for no more than 30 days. Cal. Fam. Code § 2334.
Did your ex-spouse recently move to California from another state and you want to enforce a Child Support Order against him or her? There are several things you need to know.
Often times in child custody cases, one parent will request the other party be required to complete a drug test. The reasoning behind the request may be because of an incident that occurred or an admission by the parent.
Because the Court bases a determination of child custody orders on the best interests of the child, under California Family Code section 3011, the Court has been given a tool to monitor drug use in certain cases.
California Family Code section 3170 requires the Court send the parents in a Child Custody and Visitation matter to child custody counseling. Each county has a different model, whether it is Child Custody Recommending Counseling (CCRC) or Family Court Services (FCS); however, the creation of and the purpose behind the counseling comes directly from the California Family Code.
A major issue – often times the biggest issue – in divorce cases is the marital home. Who is allowed to stay in the home during the divorce process? Who will pay the mortgage payments on the home during the divorce process? Will payments made on the mortgage during the divorce process be reimbursable? What will the disposition of the marital home be once the divorce is finalized?
In California, intended spouses may contract with one another on a variety of issues. California Family Code section 1612 lays out a list of these issues very clearly, which includes property rights, management and control of property, disposition of property upon certain events, estate-planning rights, life insurance ownership rights, and choice of law rights.
Does your job allow for a significant amount of overtime? Or do you work overtime on a consistent basis? Is your ex-spouse trying to include the overtime pay as a part of your income for the purpose of determining an order of support? Per California Family Code, the determination of “income” is very broad.